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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 23980
Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Have not filed yet husband (67yr) left me for(40yr) after 33

Customer Question

have not filed for divorce yet husband (67yr) left me for(40yr) after 33 yrs and i want to sell house(joint/tency) but he will not so is the only way to make this happen is by filing
for divorce so the judge will make him (CA)
Submitted: 9 months ago.
Category: Family Law
Expert:  FamilyAnswer replied 9 months ago.

Good morning. I am sorry to say but it is. A court order is needed to force the sale of the home. In this case, the home would be considered a martial asset and you both would have a legal right and interest in it. As such, you would need to file for divorce and then ask the Judge to order that it be sold, unless it can be agreed to. The alternative would be to ask for a forced sale of the home but in that case, you would need to show that you do not know where he is and can not be found and that there is a legal basis to have it sold. Here, the sale is a result of the other person, so the family court would need to order it in the divorce.

Expert:  FamilyAnswer replied 9 months ago.

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